Priority Dates-I am so confused

Antilope

Registered Users (C)
I keep an eye on those of you who have your GC information in your sig, I also keep an eye on trackitt.com and I can't figure out something. There are people on there with priority dates that come after mine and yet they submitted their I485's way before me even though my priority date didn't become current until this past May. Why is that? I'm EB3, PO Oct 2002, btw. I thought you weren't supposed to send in your I485 until your priority date became current? And these people who didn't wait for the PO to be current and sent it in early, do they get priority over my I485? Just wondering. Thanks.
 
PDs were current until the previous retrogression hit in 2005. There are quite a lot of applications out there where LCs were cleared rather quickly (RIR, EB2, whatever the case may be) and were eligible to apply at that time.

Also remember that concurrent filing is allowed when numbers are current, and hence they were able to do it. Their 140's got approved first, with EAD and AP. But by the time their 485 cases were open, retrogression hit. Poor souls (they are better off than me!) have been waiting for PD to become current so their files can be adjudicated.

This happens from the fact that the multi step process is asynchronous, and not fair. LC's were approved randomly, and inconsistently across the US. Some smaller companies were taking advantage of this and filing from whichever state was faster, hence putting cases like yours and mine further back in the queue. Now with PERM, thankfully that window is closed (with LC-substitution going away, that will be sealed tight!).
 
If you're from a country that sends a lot of immigrants to the US, like India, China, Mexico and Philippines, then the priority dates that are current may be behind other people's. This is because there's a limit of green cards per country. So you may be looking at someone from a "rest of the world" country.

Also, the USCIS made huge batches of priority dates current at once. I think it jumped a full year in May, then 2 years in June. So they may still be within the same "batch" as you, even though they have a later PD.
 
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